[2023] KEHC 3309 (KLR)
The court held that it lacked jurisdiction to rehear and resentence the applicant because the sentence was imposed by a court of concurrent competent jurisdiction, and the applicant had the opportunity to appeal and seek resentencing through the appellate process. The application for resentencing was therefore...
Source-derived case information.
- Citation
- [2023] KEHC 3309 (KLR)
- Parties
- Applicant: Alex Owuor Odeny; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E096 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Murder Sentencing, Resentencing Applications, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alex Owuor Odeny
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to rehear and resentence a convict where the sentence was passed by a court of concurrent competent jurisdiction.
- 2 Whether the applicant is entitled to resentencing in light of the Supreme Court decision in Francis Muruatetu & Another v Republic (2017) eKLR.
Ratio Decidendi
The court held that it lacked jurisdiction to rehear and resentence the applicant because the sentence was imposed by a court of concurrent competent jurisdiction, and the applicant had the opportunity to appeal and seek resentencing through the appellate process. The application for resentencing was therefore dismissed as lacking merit.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- This file is hereby closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odeny v Republic (Miscellaneous Criminal Application E096 of 2022) [2023] KEHC 3309 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3309 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E096 of 2022
RE Aburili, J
April 13, 2023
Between
Alex Owuor Odeny
Applicant
and
Republic
Respondent
Ruling
1. The Convict is Alex Owuor Odeny. In his application dated September 27, 2022, supported by an unsworn affidavit, he pleads that he was convicted and sentenced to death for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code vide Kisumu HCCR No 44 of 2012.
2. He claims that he never appealed to the Court of Appeal. He seeks for a rehearing and resentencing in line with the Francis Muruatetu & Another vs Republic (2017) eKLR.
3. I have perused the application. I find no merit in it as the Convict had the opportunity to appeal and even seek for resentencing on appeal.
4. This court cannot review lawful sentence passed by a court of concurrent competent jurisdiction.
5. The application for resentencing is dismissed.
6. This file is hereby closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE